Legal Opinion
Brown v. Fidelity Union Trust Co.
New Jersey Court of Chancery
Decided December 10, 1943No. Docket 123/704PublishedCited by 3 opinions
1Opinion of the Court
A testamentary gift to several persons by name is presumably a gift to them as individuals and not as a class, even though they constitute a natural class. "The presumption referred to, however, is but a rule of construction to be used in the ascertainment of the intention of testator; the presumption is not conclusive." Security Trust Co. v. Lovett, 78 N.J. Eq. 445,452; U.S. Trust Co. v. Jamison, 105 N.J. Eq. 418. "The only universal rule for determining whether testamentary gifts to several parties are gifts to them as a class or as individuals, is to ascertain the intention of the…
2Cases cited6 opinions
- Security Trust Co. v. LovettNew Jersey Court of Chancery · 1911
- Walker v. First Trust & Savings BankCourt of Appeals for the Eighth Circuit · 1926
- Mitchell v. MitchellSupreme Court of Connecticut · 1900
- Rippel v. KingNew Jersey Court of Chancery · 1939
- U.S. Trust Co. v. JamisonNew Jersey Court of Chancery · 1929
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brown v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1944
- Fidelity Union Trust Co. v. RobertNew Jersey Superior Court Appellate Division · 1961
- In Re Estate of MoloneyNew Jersey Superior Court Appellate Division · 1951